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2017 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 69 - Fiduciaries Generally
Subchapter 7 - Trustee Division of Trusts Act
§ 28-69-704. Exercise of authority by trustee
Universal Citation: AR Code § 28-69-704 (2017)
- (a) A trustee may exercise the authority granted in this subchapter without procuring any judicial authorization or approval.
- (b) A trustee may exercise the authority granted in this subchapter to divide both funded and unfunded trusts, provided, however, that:
- (1) An unfunded testamentary trust may be divided only after the will establishing the trust has been admitted to probate; and
- (2) An unfunded nontestamentary trust may be divided only if the governing instrument establishing the trust is not revocable.
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